APPEAL FROM THE MADISON CIRCUIT COURT. The Honorable Thomas Newman Jr., Judge. Cause No. 48C03-1110-FA-1844.
ATTORNEY FOR APPELLANT: JOHN T. WILSON, Anderson, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; GEORGE P. SHERMAN, Deputy Attorney General, Indianapolis, Indiana.
BAKER, J., and KIRSCH,
Case Summary and Issues
Following a jury trial, William Remy was convicted of three counts of child molesting, all Class A felonies; one count of child molesting as a Class C felony; and performing sexual conduct in the presence of a minor, a Class D felony. He received an aggregate sentence of ninety-five and one-half years imprisonment. Remy appeals his convictions and sentence, raising the following issues for our review: (1) whether the trial court abused its discretion by allowing certain pornographic materials to be admitted at Remy's trial; and (2) whether Remy's sentence is inappropriate in light of the nature of his offenses and his character. Concluding the admission of pornographic images at Remy's trial was erroneous but amounts to harmless error and that Remy's sentence is not inappropriate, we affirm.
Facts and Procedural History
In 2009, H.B., who was eleven years old, moved to Madison County to live with his mother and her boyfriend, Remy. In July of 2009, Remy began asking H.B. to shower with him. While in the shower, Remy would ejaculate on H.B.'s back. On some of those occasions, Remy inserted a butt plug into H.B.'s anus. On one occasion, Remy wrapped H.B.'s naked body in saran wrap, cutting holes for his eyes, mouth, nose, and penis, and Remy then performed oral sex on H.B. H.B. recalled another occasion when Remy forced H.B. to wear nothing but a dog collar and made him get on all fours and act like a dog.
Remy, H.B., and H.B.'s mother subsequently moved to another residence in Madison County. It was there that Remy first had anal sex with H.B. Once this began, incidents of molestation occurred on a weekly basis. Remy would instruct H.B. to clean out his anus with a black hose connected to the shower prior to Remy having anal sex with him. Remy often used dildos and vibrators on H.B., and Remy had H.B. use them on him as well. Sometime in the two years during which Remy repeatedly molested H.B., Remy showed H.B. numerous pornographic images and videos that Remy had on his computer.
Remy's molestations of H.B. stopped in July 2011 when Remy's relationship with H.B.'s mother ended. H.B. and his mother moved to West Virginia in November 2011. After H.B. was no longer living with Remy, H.B. informed his biological father about what had occurred between himself and Remy, and H.B.'s father contacted the police. H.B. underwent a sexual assault examination performed by a nurse with the Madison County Sexual Assault Treatment Center, and the examination revealed signs that H.B. had experienced anal penetration. Police conducted a search of Remy's residence and found a butt plug, dog collar, anal lube, plastic wrap, numerous sex toys (including vibrators and dildos), a black tube connected to the shower line, and pornography stored in Remy's computer.
On October 10, 2011, the State charged Remy with
Count 1, child molesting, a Class A felony (oral sex); Count 2, child molesting,
a Class A felony (anal penetration); Count 3, child molesting, a Class A felony
(anal penetration); Count 4, child molesting, a Class C felony; and Count 5,
performing sexual conduct in the presence of a minor, a Class D felony. A jury
trial was held over the course of several days in August 2013, at ...